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8. On merits of the present suit, the Defendant No.1- Centurion Remedies Private Limited has filed an affidavit of Mr. Ambalal V. Patel, the Managing Director which states as under:

"4) I say that the defendant No.1 has not manufactured or imported or traded or has not caused to manufacture or caused to import or caused to trade the pharmaceutical preparation namely SACUBITRIL + VALSARTAN, in any manner, either directly or indirectly.

5) I say that the defendant No.1 is in knowledge of the fact that the plaintiff is the exclusive proprietor/owner of the Indian Patent No. 229051 titled 'Pharmaceutical Compositions Comprising Valsartan and NEP' (hereinafter referred to as the 'Said Patent').

6) I say that the defendant No.1 has obtained the Export License/Approval numbered G/25/1325 from FDA, India to export the pharmaceutical preparation namely 'SACUBITRIL + VALSARTAN'.

9)I say that the defendant No. 1, either directly or indirectly, in any manner has not started to use or sell or import or manufacture or cause to use or sell or import or manufacture the pharmaceutical preparation namely 'SACUBITRIL + VALSARTAN'.

10) I say that the defendant No.1, either directly or indirectly, in any manner, does not intend to use or sell or import or manufacture or cause to use or sell or import or manufacture the pharmaceutical preparation namely SACUBITRIL+ VALSARTAN' till the expiration of said patent."

9. A perusal of the above affidavit shows that the Defendant No.1 has taken a stand that it has an export licence for exporting of the pharmaceutical preparation namely Sacubitril + Valsartan. However, the Defendant has undertaken not to use or sell or import or manufacture or cause to use or sell or import or manufacture the pharmaceutical preparation SACUBITRIL+ VALSARTAN, till the expiration of the suit patent.